CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to contribute to the fostering of national and international culture and the promotion of balanced national development and the quality of life for citizens by developing a Hub City of Asian Culture in Gwangju Metropolitan City, which will ensure national competitiveness through mutual exchange, research, creation and utilization of Asian culture and resources based on cultural diversity and creativity.
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| Article 2 (Definitions) |
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The definitions of terms used in this Act shall be as follows:
| 1. |
The term "Hub City of Asian Culture" means a regional unit for which national support is provided to ensure, to the maximum extent possible, a series of activities, such as research, creation, education and industrialization of Asian culture, through cultural exchange among Asian countries; |
| 2. |
The term "development project" means a project carried out in accordance with a comprehensive plan for a Hub City of Asian Culture pursuant to Article 5 and an annual implementation plan thereof pursuant to Article 7. |
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| Article 3 (Responsibilities of the State and Gwangju Metropolitan City) |
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| (1) |
The State shall establish and implement comprehensive policies to develop Gwangju Metropolitan City into a Hub City of Asian Culture and shall devise measures to support the development. |
| (2) |
Gwangju Metropolitan City shall establish and implement necessary plans and policies to develop the Gwangju metropolitan area into a Hub City of Asian Culture by promoting citizens' participation and cooperation with other local governments. |
| (3) |
In establishing policies under paragraphs (1) and (2), the State and Gwangju Metropolitan City shall first hear opinions from culture and arts institutions and organizations. |
| (4) |
Where the State or the Gwangju Metropolitan City Mayor makes a request with respect to the establishment and implementation of plans and policies to develop a Hub City of Asian Culture under paragraphs (1) and (2), the institution or organization in receipt of such request shall comply therewith. |
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| Article 4 (Conclusion of Agreements among Civil Society Organizations) |
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| (1) |
The Gwangju Metropolitan City Mayor shall endeavor to facilitate the conclusion of agreements among civil society organizations (hereinafter referred to as "civil society agreements") by major sectors of the Hub City of Asian Culture development projects so as to efficiently promote those projects based on self-regulation and mutual consent. |
| (2) |
The Gwangju Metropolitan City Mayor shall organize and operate a subcommittee on civil society agreements under the Deliberative Committee on Implementation Plans under Article 9 to deliberate on the following matters concerning civil society agreements and may, if deemed necessary to enforce the civil society agreements, incorporate the following matters in an annual implementation plan under Article 7: |
| 1. |
Matters relating to community development, the promotion of residents' rights and interests and the settlement of social conflicts with respect to the implementation of development projects; |
| 2. |
Other matters deemed necessary by the Gwangju Metropolitan City Mayor or the subcommittee on civil society agreements with respect to the implementation of development projects. |
| (3) |
Any person who seeks to enter into a civil society agreement shall hear opinions from the Gwangju Metropolitan City Mayor if the civil society agreement is accompanied by a budget or includes any provisions that restrict residents' rights or impose obligations on residents. |
| (4) |
Necessary matters regarding parties to and methods for conclusion of civil society agreements, the organization of the subcommittee on civil society agreements under paragraph (2), etc. shall be prescribed by Municipal Ordinance. |
CHAPTER II ESTABLISHMENT, ETC. OF HUB CITY OF ASIAN CULTURE DEVELOPMENT PLAN
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| Article 5 (Establishment of Comprehensive Plan) |
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| (1) |
To facilitate the development of the Hub City of Asian Culture, the Minister of Culture, Sports and Tourism shall establish and implement a basic and comprehensive plan for the development of the Hub City of Asian Culture (hereinafter referred to as "comprehensive plan"), which includes the following matters: <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. |
Matters relating to basic policies for the development of the Hub City of Asian Culture; |
| 2. |
Matters relating to the promotion of culture and arts, civil culture and ecological culture; |
| 3. |
Matters relating to cultural education for citizens, the training of professionals, etc.; |
| 4. |
Matters relating to the establishment and operation of cultural facilities associated with the development of the Hub City of Asian Culture; |
| 5. |
Matters relating to the invigoration of cultural exchange; |
| 6. |
Matters relating to the promotion of and creation of foundations for local cultural and tourism industries; |
| 7. |
Matters relating to financing resources for investment in development projects, etc.; |
| 8. |
Matters relating to projects implemented jointly with areas other than Gwangju Metropolitan City, which share cultural unity with and are linked functionally to the Hub City of Asian Culture development projects; |
| 9. |
Other matters deemed necessary to develop the Hub City of Asian Culture. |
| (2) |
In establishing a comprehensive plan, the Minister of Culture, Sports and Tourism shall consult in advance with the Gwangju Metropolitan City Mayor and the heads of central administrative agencies and local governments concerned on the comprehensive plan and then obtain approval therefor from the President after deliberation by the Committee on Development of the Hub City of Asian Culture under Article 29. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) |
The Minister of Culture, Sports and Tourism shall revise and supplement the comprehensive plan every five years. <Amended by Act No. 8852, Feb. 29, 2008> |
| (4) |
Upon establishment of a comprehensive plan under paragraphs (1) and (2) or upon revision or supplement of the details thereof under paragraph (3), the Minister of Culture, Sports and Tourism shall promptly give notice thereof to the heads of central administrative agencies concerned and other relevant heads of local governments including the Gwangju Metropolitan City Mayor and announce the details thereof publicly to make them available to the public. <Amended by Act No. 8852, Feb. 29, 2008> |
| (5) |
Paragraph (2) shall apply mutatis mutandis to any change in the comprehensive plan established pursuant to paragraph (1): Provided, That this shall not apply to any change in minor matters prescribed by Presidential Decree. |
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| Article 6 (Establishment and Implementation of Agency Support Plans Based on Comprehensive Plan) |
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| (1) |
The heads of relevant central administrative agencies shall establish and implement their respective support plans to promote the implementation of development projects by field of duties assigned to them in accordance with the comprehensive plan. |
| (2) |
The Minister of Culture, Sports and Tourism may request the heads of central administrative agencies to implement projects pursuant to agency support plans under paragraph (1), and the heads of central administrative agencies so requested shall comply with such request unless there is a reasonable ground to the contrary. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 7 (Annual Implementation Plan) |
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| (1) |
The Gwangju Metropolitan City Mayor shall establish and implement an annual implementation plan in accordance with the comprehensive plan (hereinafter referred to as "annual implementation plan"): Provided, That if any such project as provided in Article 5 (1) 8 is included in an annual implementation plan, he/she shall consult with the heads of the relevant local governments thereabout. |
| (2) |
An annual implementation plan shall be subject to approval from the Minister of Culture, Sports and Tourism. This shall also apply in cases of any change to important matters of an approved plan, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) |
When seeking to establish an annual implementation plan or to make a change in an approved plan, the Gwangju Metropolitan City Mayor shall be requested to submit it for deliberation by the Deliberative Committee on Implementation Plans provided in Article 9 (1). |
| (4) |
The Gwangju Metropolitan City Mayor shall every year prepare a report containing the implementation results, etc. of the previous year's annual implementation plan and submit it to the Minister of Culture, Sports and Tourism. In such cases, the Minister of Culture, Sports and Tourism shall evaluate the report so submitted and reflect the results in establishing the following year's annual implementation plan. <Amended by Act No. 8852, Feb. 29, 2008> |
| (5) |
Necessary matters regarding the establishment and main contents of annual implementation plans, the submission of reports pursuant to paragraph (4), etc. shall be prescribed by Presidential Decree. |
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| Article 8 (Plan for Inducement of Private Capital) |
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| (1) |
To promote the inducement of private capital following the establishment of an annual implementation plan, the Gwangju Metropolitan City Mayor shall formulate a basic plan to promote the inducement of private capital (hereinafter referred to as "private capital inducement plan"), which includes the following matters: |
| 1. |
Scope of projects subject to the inducement of private capital; |
| 2. |
Matters relating to support for the inducement of private capital. |
| (2) |
The Gwangju Metropolitan City Mayor shall formulate and publicly announce a private capital inducement plan and then hold an information session for those who seek to participate in development projects. |
| (3) |
The State may provide administrative and financial support for Gwangju Metropolitan City to facilitate the implementation of its private capital inducement plan. |
| (4) |
In order to deliberate on a private capital inducement plan and support private capital inducement activities, a private capital inducement board shall be established within the Deliberative Committee on Implementation Plans provided for in Article 9 and a center for private capital inducement may be established under the jurisdiction of the Gwangju Metropolitan City Mayor. |
| (5) |
Necessary matters regarding the organization and operation of the private capital inducement board and the center for private capital inducement under paragraph (4) shall be prescribed by Municipal Ordinance. |
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| Article 9 (Deliberative Committee on Implementation Plans) |
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| (1) |
A Deliberative Committee on Implementation Plans (hereinafter referred to as the "Deliberative Committee") shall be established under the jurisdiction of the Gwangju Metropolitan City Mayor to deliberate on the following matters and efficiently implement the Hub City of Asian Culture development projects: |
| 1. |
Matters relating to deliberation on annual implementation plans; |
| 2. |
Matters relating to deliberation on approval for implementation of development projects under Article 32; |
| 3. |
Matters relating to hearing residents' opinions about the comprehensive plan and annual implementation plans and residents' participation in the development of such plans; |
| 4. |
Other necessary matters regarding development projects as prescribed by Municipal Ordinance. |
| (2) |
The Deliberative Committee shall be comprised of not more than twenty members including one chairperson and two vice chairpersons. |
| (3) |
The office of chairperson of the Deliberative Committee shall be assumed by the Gwangju Metropolitan City Mayor and its members shall be appointed or commissioned by the Gwangju Metropolitan City Mayor from among those who fall under any of the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. |
Heads of Gus of Gwangju Metropolitan City; |
| 2. |
Superintendent of education of Gwangju Metropolitan City; |
| 4. |
Three persons recommended by each of the Minister of Culture, Sports and Tourism, the Gwangju Metropolitan City Mayor and the City Council from among those who have extensive learning and experience in urban planning, culture and arts, cultural industry, etc. necessary to develop the Hub City of Asian Culture; |
| 5. |
Heads of local governments related to the implementation of such projects provided for in Article 5 (1) 8. |
| (4) |
Meetings of the Deliberative Committee shall be opened with the attendance of a majority of members on the register, and decisions therein shall be taken by the concurrent vote of a majority of the members present. |
| (5) |
Other than those referred to in paragraphs (1) through (4), necessary matters regarding the organization, operation, etc. of the Deliberative Committee shall be prescribed by Municipal Ordinance. |
CHAPTER III HUB CITY OF ASIAN CULTURE DEVELOPMENT PROJECTS
SECTION 1 Promotion of Culture, Arts and Civil Culture
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| Article 10 (Promotion of Culture and Arts) |
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| (1) |
The Gwangju Metropolitan City Mayor shall carry out the following projects to invigorate the research, creation and enjoyment of culture and arts necessary to develop the Hub City of Asian Culture, and the State may provide support therefor: |
| 1. |
Support for programs to promote the creation and enjoyment of culture and arts; |
| 2. |
Support for the installation and operation of cultural facilities; |
| 3. |
Support for programs to promote traditional and local culture; |
| 4. |
Fostering of professional arts corporations; |
| 5. |
Construction of infrastructure for culture and arts market; |
| 6. |
Other matters necessary to promote culture and arts. |
| (2) |
The State may support programs for research and practical application of Asian culture and traditional knowledge and the installation and operation of facilities related to such programs. |
| (3) |
In establishing policies or providing support pursuant to paragraphs (1) and (2), the State and the Gwangju Metropolitan City Mayor shall hear opinions in advance from culture and arts institutions and organizations. |
| (4) |
Where the Minister of Culture, Sports and Tourism or the Gwangju Metropolitan City Mayor makes a request with respect to the implementation of policies under paragraphs (1) and (2), the relevant institution or organization shall comply with such request unless there is a reasonable ground to the contrary. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 11 (Promotion of Civil Culture) |
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The Gwangju Metropolitan City Mayor shall carry out the following projects to help citizens enjoy culture and arts and cultivate creativity in regard to the development of the Hub City of Asian Culture, and the State may provide support therefor:
| 1. |
Support for citizen participation in programs for the research, study, creation and exchange of culture; |
| 2. |
Support for the installation and operation of cultural facilities and the formation of cultural communities to improve citizens' quality of life; |
| 3. |
Support for joint research and cultural programs between citizens and experts on culture at home and abroad; |
| 4. |
Support for activities for the enjoyment of culture by socially disadvantaged groups, such as the elderly, women and foreign laborers; |
| 5. |
Other matters necessary to promote civil culture. |
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| Article 12 (Promotion of Ecological Urban Culture) |
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| (1) |
The Gwangju Metropolitan City Mayor shall carry out the following projects to promote a natural environment-friendly urban culture in developing the Hub City of Asian Culture, and the State may provide support therefor: |
| 1. |
Matters relating to the preservation and development of city ecosystems; |
| 2. |
Matters relating to the development of public facilities and cultural landscape of the city; |
| 3. |
Matters relating to the development of sustainable city living space; |
| 4. |
Matters relating to the development of cultural welfare city space; |
| 5. |
Matters relating to support for conclusion of a landscape agreement to build the cultural landscape of the city; |
| 7. |
Other matters necessary to promote ecological urban culture. |
| (2) |
Matters necessary to implement the projects provided for in paragraph (1) may be prescribed by Municipal Ordinance on the motion of the Gwangju Metropolitan City Mayor. |
SECTION 2 Cultural Education for Citizens and Training of Professionals
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| Article 13 (Invigoration of Cultural Education for Citizens) |
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| (1) |
Gwangju Metropolitan City shall implement an educational project to help citizens understand cultural diversity and strengthen capacity for culture in developing the Hub City of Asian Culture (hereinafter referred to as "project to invigorate cultural education for citizens") and the State may provide support therefor. |
| (2) |
The project for invigoration of cultural education for citizens shall contain the following matters: |
| 1. |
Support for the invigoration of culture and arts education in schools and society; |
| 2. |
Support for the invigoration of media education; |
| 3. |
Support for the invigoration of peace, human rights and cultural diversity education; |
| 4. |
Other matters necessary to support the invigoration of cultural education for citizens. |
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| Article 14 (Training, etc. of Professionals) |
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| (1) |
The Gwangju Metropolitan City Mayor shall carry out a project to train professionals and invite excellent manpower necessary to develop the Hub City of Asian Culture, and the State may provide support therefor. |
| (2) |
The project to train professionals under paragraph (1) shall contain the following matters: |
| 1. |
Creation of an environment necessary to train, invite and utilize professionals who are specialized in culture and arts, cultural exchange and cultural industry; |
| 2. |
Establishment of systems for mutual linkage between enterprises, universities and colleges, and research institutes; |
| 3. |
Other matters necessary to train professionals. |
SECTION 3 Promotion of Cultural Industries, etc.
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| Article 15 (Laying Foundation for Cultural Industries, etc.) |
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| (1) |
The Minister of Culture, Sports and Tourism and the Gwangju Metropolitan City Mayor shall establish and implement policies to lay the foundation necessary for the promotion of industries prescribed by Presidential Decree, including the cultural industries, etc. under subparagraph 1 of Article 2 of the Framework Act on the Promotion of Cultural Industries, with respect to the development of the Hub City of Asian Culture. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) |
The Minister of Culture, Sports and Tourism and the Gwangju Metropolitan City Mayor may carry out the following projects to implement policies under paragraph (1): <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. |
Projects to support the establishment of businesses related to cultural industries, etc. and the manufacture and distribution of related products; |
| 2. |
Projects to induce and support related facilities; |
| 3. |
Projects to promote the training of manpower and the development of technology; |
| 4. |
Support for international exchange and overseas market expansion; |
| 5. |
Other projects necessary to lay the foundation for cultural industries, etc. |
| (3) |
The State or the Gwangju Metropolitan City Mayor may subsidize or loan funds to private organizations or business operators related to the implementation of projects under paragraph (2), if such financial support is deemed necessary to efficiently implement those projects. |
| (4) |
If a person who is provided with support provided for in paragraph (3) completes the relevant business or otherwise it is determined by Presidential Decree, the State or the Gwangju Metropolitan City Mayor may recover all or part of the subsidy. |
| (5) |
Necessary matters regarding persons to be provided with subsidies or loans, methods for provision thereof and the recovery thereof under paragraph (3) and the procedures, etc. for the recovery of subsidies under paragraph (4) shall be prescribed by Presidential Decree. |
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| Article 16 (Designation of Investment Promotion Zones) |
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| (1) |
When seeking to attract investment satisfying the criteria for investment amount, etc. prescribed by Presidential Decree to promote cultural industries, etc. in Gwangju Metropolitan City, the Minister of Culture, Sports and Tourism may designate an area falling under any of the following subparagraphs as an investment promotion zone (hereinafter referred to as "investment promotion zone") after consultation with the Gwangju Metropolitan City Mayor and deliberation by the Committee on Development of the Hub City of Asian Culture under Article 29: <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. |
An area in which investors are interested; |
| 2. |
An area which has advantages in investment attraction and meets the conditions prescribed by Presidential Decree. |
| (2) |
The Minister of Culture, Sports and Tourism shall publicly announce the following matters when designating an investment promotion zone under paragraph (1): <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. |
Name, location and size of the investment promotion zone; |
| 2. |
Methods of development and management; |
| 3. |
Other matters prescribed by Presidential Decree. |
| (3) |
Necessary matters regarding the procedures and methods for designation and public announcement, management, etc. of investment promotion zones shall be prescribed by Presidential Decree. |
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| Article 17 (Cancellation of Designation of Investment Promotion Zones) |
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| (1) |
Where an investment made pursuant to Article 16 fails to meet the criteria for investment attraction prescribed by Presidential Decree in terms of investment amount, etc., the Minister of Culture, Sports and Tourism shall cancel the designation of the relevant investment promotion zone after deliberation by the Committee on Development of the Hub City of Asian Culture under Article 29. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) |
When seeking to cancel the designation of an investment promotion zone under paragraph (1), the Minister of Culture, Sports and Tourism shall demand that the relevant investor satisfy the criteria within a fixed period not exceeding six months: Provided, That if deemed that reasonable grounds exist, the period may be extended only once to the extent that the extension does not exceed the initial period of implementation. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) |
Other than those provided for in paragraphs (1) and (2), necessary matters regarding the procedures, etc. for the cancellation of designation of investment promotion zones shall be prescribed by Presidential Decree. |
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| Article 18 (Facilitating Relocation of Enterprises to Investment Promotion Zones) |
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| (1) |
The Minister of Culture, Sports and Tourism may establish and implement policies to relocate relevant enterprises to an investment promotion zone in consultation with the head of a relevant central administrative agency so as to facilitate the development of the Hub City of Asian Culture and promote the development of cultural industries, etc. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) |
Necessary matters regarding the establishment, implementation, etc. of policies for the relocation of enterprises to investment promotion zones under paragraph (1) shall be prescribed by Presidential Decree. |
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| Article 19 (Lease and Sale of State and Public Property) |
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| (1) |
The Minister of Strategy and Finance, the managing agency of State property or the head of a local government may, by a private contract, permit enterprises relocated to an investment promotion zone (hereinafter referred to as "relocated enterprises") to use, benefit from or lease (hereinafter referred to as "lease") land, factories or other State and public property owned by the State or local governments (hereinafter referred to as "land, etc."), or sell such property to the relocated enterprises, notwithstanding the relevant provisions of the State Property Act and the Public Property and Commodity Management Act. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) |
The lease period of the State or local government-owned land, etc. leased under paragraph (1) may be fifty years or less, notwithstanding Articles 35 (1) and 46 (1) of the State Property Act and Articles 21 and 31 of the Public Property and Commodity Management Act. In such cases, the lease period may be renewed by up to fifty years for each renewal. <Amended by Act No. 9401, Jan. 30, 2009> |
| (3) |
Where the State or local government-owned land, etc. is leased under paragraph (1), permanent facilities including factories may be built on such land, etc., notwithstanding Article 18 of the State Property Act and Article 13 of the Public Property and Commodity Management Act. In such cases, the lease of land, etc. may be based on a condition that the permanent facilities shall either be donated to the State or local government or restored to the original state at the expiration of the lease period, depending on the type, etc. of facilities. <Amended by Act No. 9401, Jan. 30, 2009> |
| (4) |
The rent of land, etc. leased pursuant to paragraph (1) shall be as set forth in Presidential Decree and may be denominated in a foreign currency as the case may be, notwithstanding Articles 32 (1) and 47 of the State Property Act and Articles 22, 23, 32 and 33 of the Public Property and Commodity Management Act. <Amended by Act No. 9401, Jan. 30, 2009> |
| (5) |
With respect to the sale of land, etc. to relocated enterprises under paragraph (1), the payment of the price may either be deferred or made in installments as prescribed by Presidential Decree, if it is deemed difficult for the purchaser to pay the price in lump sum, notwithstanding Article 50 (1) of the State Property Act and Article 37 of the Public Property and Commodity Management Act. <Amended by Act No. 9401, Jan. 30, 2009> |
| (7) |
When leasing the land, etc. owned by the local government to a relocated enterprise, the head of a local government may reduce or exempt the rent of the land, etc. as prescribed by Presidential Decree, notwithstanding Articles 24 and 34 of the Public Property and Commodity Management Act. |
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| Article 20 (Subsidization, etc.) |
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| (1) |
At the request of the Gwangju Metropolitan City Mayor, the State may subsidize Gwangju Metropolitan City for the purchase of sites to be leased to enterprises relocated to an investment promotion zone, for the reduction or exemption of the rent of land, etc. and for other expenses incurred for development projects. In such cases, the standards and procedures for the subsidization shall be prescribed by Presidential Decree. |
| (2) |
Gwangju Metropolitan City and the competent Gu office may, as prescribed by Municipal Ordinance, provide employment subsidies, education and training subsidies, etc. for enterprises making investments in the Gwangju metropolitan area if necessary to promote investments in the Gwangju metropolitan area. |
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| Article 21 (Giving Priority to Establishment of Public Facilities) |
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The head of an administrative agency who has jurisdiction over roads, bridges, harbors, waterworks and other facilities prescribed by Presidential Decree (hereinafter referred to as "public facilities") shall give priority to the establishment of public facilities to facilitate the implementation of projects for the development of investment promotion zones: if deemed necessary, the head of the administrative agency may delegate or entrust the establishment of the public facilities to Gwangju Metropolitan City or government-invested institutions, respectively.
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| Article 22 (Reversion of Public Facilities) |
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Where public facilities are installed newly or as substitute facilities for the existing public facilities in the course of the implementation of projects for the development of investment promotion zones, Articles 65 and 99 of the National Land Planning and Utilization Act shall apply mutatis mutandis with respect to the reversion thereof.
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| Article 23 (Contributions, etc. by Gwangju Metropolitan City Mayor) |
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The Gwangju Metropolitan City Mayor may make contributions to, or, notwithstanding Article 18 of the Local Finance Act, make investments in those who carry out projects for the development of facilities, districts, etc. associated with the promotion of cultural industries necessary to develop the Hub City of Asian Culture and other public organizations, etc. related to the promotion of cultural industries in the Gwangju metropolitan area.
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| Article 24 (Financial Support to Promote Cultural Industries, etc.) |
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The State shall establish sustainable and stable financial support infrastructure to ensure the inducement of voluntary private investments, extension of loans, etc. so that culture artists or cultural industry-related enterprises possessing creativity and technology necessary to develop the Hub City of Asian Culture can commercialize their cultural contents.
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| Article 25 (Organization, etc. of Asian Cultural Industry Investment Association) |
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| (1) |
Any of the following companies may organize an association for the purposes of making investments in the cultural industries, etc. provided for in Article 15 (hereinafter referred to as "Asian cultural industry investment association"): <Amended by Act No. 8362, Apr. 11, 2007> |
| (2) |
Any company provided for in any subparagraph of paragraph (1) which seeks to be provided with support under this Act, shall obtain approval from the Minister of Culture, Sports and Tourism for its investments as investments in the cultural industry for the development of the Hub City of Asian Culture, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) |
Any company which obtains approval for its investments pursuant to paragraph (2) may obtain financing from the special account for the development of the Hub City of Asian Culture under Article 42, as prescribed by Presidential Decree. |
| (5) |
Any company provided with support under this Act shall submit to the Minister of Culture, Sports and Tourism a statement of accounts for the fiscal year during which such support is made, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008> |
| (6) |
Necessary matters regarding the amount of investment, number of members, duration and management of an Asian cultural industry investment association shall be prescribed by Presidential Decree. |
SECTION 4 Invigoration of Cultural Exchange
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| Article 26 (Invigoration of Asian Cultural Exchange and Establishment of Basis therefor) |
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The State and the Gwangju Metropolitan City Mayor may carry out the following projects to invigorate cultural exchanges and establish a basis for cooperation among Asian countries for the development of the Hub City of Asian Culture:
| 1. |
Gathering and provision of information on institutions, organizations and personnel in Korea and other Asian countries related to culture and arts; |
| 2. |
Support for cultural exchange activities among Asian countries, such as the invitation to and secondment of organizations, experts, public officials, juveniles, teachers, citizens, etc. related to culture and arts; |
| 3. |
Support for cultural exchange and the holding and inducement of conferences with other Asian countries to promote the understanding of cultural diversity and mutual cooperation; |
| 4. |
Support for installation and operation of infrastructures, such as residential facilities for those engaged in culture and arts, to promote cultural exchange among Asians; |
| 5. |
Support for cultural exchange and cooperation in cultural industries with foreign cities, enterprises and organizations; |
| 6. |
Other support for projects necessary to promote international and Asian cultural exchange. |
SECTION 5 Establishment, etc. of National Asian Culture Complex
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| Article 27 (Establishment and Operation of National Asian Culture Complex) |
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| (1) |
The State shall establish the National Asian Culture Complex (hereinafter referred to as the "Culture Complex") in Gwangju Metropolitan City to function as a central base for strengthening national cultural capacity through the exchange, education, research, etc. of Asian culture. |
| (2) |
The Culture Complex shall be under the control of the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) |
Necessary matters regarding the establishment and operation of the Culture Complex, other than those provided for in paragraph (1), shall be prescribed by Presidential Decree. |
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| Article 28 (Establishment, etc. of Asian Cultural Development Institute) |
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| (1) |
The Minister of Culture, Sports and Tourism shall establish an Asian Cultural Development Institute (hereinafter referred to as the "Development Institute") to promote the production, distribution, research and development of cultural content by developing creativity and diversity of Asian culture. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) |
The Development Institute shall be a legal entity. |
| (3) |
The Development Institute shall have a director who represents and exercises general control over the affairs of the Development Institute, and the appointment of the director shall be subject to approval of the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008> |
| (4) |
The State may provide administrative and financial support necessary to establish and operate the Development Institute. |
| (5) |
If necessary to facilitate the operation of the Development Institute, the State may transfer or lend state property and other items prescribed by Presidential Decree to the Development Institute at no charge, notwithstanding the provisions of the State Property Act. |
| (6) |
Except as otherwise provided for in this Act, the provisions of the Civil Act concerning incorporated foundations shall apply mutatis mutandis with respect to the Development Institute. |
| (7) |
No person other than the Development Institute may use the title "Asian Cultural Development Institute." |
| (8) |
Other than those provided for in paragraphs (1) through (7), necessary matters regarding the establishment and operation of the Development Institute shall be prescribed by Presidential Decree. |
CHAPTER IV ORGANIZATION, ETC. TO PROMOTE DEVELOPMENT PROJECTS
law view
| Article 29 (Committee on Development of Hub City of Asian Culture) |
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| (1) |
A Committee on Development of the Hub City of Asian Culture (hereinafter referred to as the "Development Committee") shall be established under the control of the President to deliberate on material matters concerning the development of the Hub City of Asian Culture as provided for in the following subparagraphs: |
| 1. |
Matters relating to the basic direction and system of the development of the Hub City of Asian Culture; |
| 2. |
Matters relating to the establishment and modification of the comprehensive plan; |
| 3. |
Matters relating to the fostering of human resources and international cooperation necessary for the development of the Hub City of Asian Culture; |
| 4. |
Matters relating to the construction and operation of important facilities necessary for the development of the Hub City of Asian Culture; |
| 5. |
Matters relating to financing resources required and the examination and evaluation of progress; |
| 6. |
Matters relating to cooperation and support between the relevant ministries, agencies and sectors for the development of the Hub City of Asian Culture; |
| 7. |
Matters relating to the designation of an investment promotion zone under Article 16 and cancellation of the designation of an investment promotion zone under Article 17; |
| 8. |
Other matters referred by the chairperson as necessary for deliberation. |
| (2) |
The Development Committee shall be comprised of not more than thirty members including one chairperson and two vice chairpersons. |
| (3) |
Members of the Development Committee shall be those listed in the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9629, Apr. 22, 2009; Act No. 11690, Mar. 23, 2013> |
| 1. |
The Minister of Strategy and Finance, the Minister of Science, ICT and Future Planning, the Minister of Education, the Minister of Foreign Affairs, the Minister of Security and Public Administration, the Minister of Culture, Sports and Tourism, the Minister of Trade, Industry and Energy, the Minister of Environment, the Minister of Land, Infrastructure and Transport, the Minister of the Office for Government Policy Coordination, the Chairperson of the Presidential Committee on Balanced National Development, and other persons determined by Presidential Decree; |
| 2. |
The Gwangju Metropolitan City Mayor and other Metropolitan City Mayors determined by Presidential Decree, who promote the Hub City of Asian Culture development projects; |
| 3. |
Persons commissioned by the President from among those who have abundant knowledge and experience in the development of the Hub City of Asian Culture. |
| (4) |
The chairperson of the Development Committee shall be a person commissioned by the President from among members of the Development Committee, and the vice chairpersons of the Development Committee shall be a person commissioned by the President on the recommendation of the chairperson from among the members of the Development Committee and the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008> |
| (5) |
The terms of office of the chairperson and members under paragraphs (3) and (4) shall be two years, respectively, and they may be reappointed: Provided, That the term of office of the chairperson or member who is newly commissioned to fill a vacancy following the resignation, etc. of an existing chairperson or member shall be the remainder of the term of office of his/her predecessor. |
| (6) |
Meetings of the Committee shall open with attendance of a majority of members on the register and decisions therein shall be taken by the concurrent vote of a majority of the members present. |
| (7) |
The Development Committee may have subcommittees if necessary to efficiently perform the affairs thereof. |
| (8) |
Necessary matters regarding the organization, operation, etc. of the Development Committee and subcommittees, other than those referred to in paragraphs (1) through (7), shall be prescribed by Presidential Decree. |
law view
| Article 30 (Establishment of Office for Promotion of Hub City of Asian Culture) |
|
| (1) |
An Office for the Promotion of the Hub City of Asian Culture (hereinafter referred to as the "Office") shall be established in the Ministry of Culture, Sports and Tourism to efficiently operate the Hub City of Asian Culture development projects and support the affairs of the Development Committee. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) |
The Minister of Culture, Sports and Tourism may, if necessary to facilitate the affairs of the Office, call on the heads of related central administrative agencies and local governments or the heads and operators of related institutions and organizations to second public officials or employees under their control. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) |
Necessary matters regarding the organization, operation, etc. of the Office, other than those referred to in paragraphs (1) and (2), shall be prescribed by Presidential Decree. |
CHAPTER V IMPLEMENTATION OF HUB CITY OF ASIAN CULTURE DEVELOPMENT PROJECTS
law view
| Article 31 (Basic Survey) |
|
| (1) |
Any person who intends to operate a development project may conduct a basic survey, as prescribed by Presidential Decree, to develop a business plan for approval under Article 32. |
| (2) |
A basic survey under paragraph (1) shall include the impact of the development project on the ecology and landscape within the project area and other matters prescribed by Presidential Decree. |
| (3) |
The State, a local government or a person who intends to operate a development project may, if deemed necessary to conduct a basic survey under paragraph (1), enter land owned or occupied by a third person or temporarily use the land as a place for piling up materials, a passage or a road. |
law view
| Article 32 (Approval, etc. for Implementation of Development Project) |
|
| (1) |
Subject to deliberation by the Deliberative Committee, the Gwangju Metropolitan City Mayor shall approve the operation of a development project by a person who intends to operate such project: Provided, That if a person seeking to operate a development project is the State, it may operate the project after hearing opinions from the Gwangju Metropolitan City Mayor thereabout. |
| (2) |
The scope of development projects subject to the approval or hearing of opinions from the Gwangju Metropolitan City Mayor under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) |
Any person who seeks to obtain approval for the operation of a development project under paragraph (1) shall prepare a plan for the development project, accompanied documents, etc. and then submit them to the Gwangju Metropolitan City Mayor, as prescribed by Municipal Ordinance. |
| (4) |
The Gwangju Metropolitan City Mayor may, if the documents, etc. submitted do not satisfy all the requirements as prescribed by Municipal Ordinance, approve the operation of the development project under paragraph (1) on condition of the supplement thereof. |
| (5) |
A development project shall be commenced at latest within two years from the date the development project is approved pursuant to paragraph (1): Provided, That the Gwangju Metropolitan City Mayor may extend the commencement deadline only once, by up to one additional year, if it is deemed that such extension is inevitable. |
| (6) |
If a person seeking to operate a development project fails to commence the project within the deadline for commencement of the development project under paragraph (5) from the date the development project is approved pursuant to paragraph (1), approval for the operation of the development project shall cease to be effective on the day following the date the deadline for commencement of the development project expires. In such cases, the Gwangju Metropolitan City Mayor shall publicly announce such fact, as prescribed by Municipal Ordinance. |
| (7) |
The provisions of paragraphs (1) through (6) shall apply mutatis mutandis with respect to a change in any existing development project: Provided, That this shall not apply in cases where a change is made to any minor matters prescribed by Municipal Ordinance. |
| (9) |
Any project implemented through the inducement of foreign investments shall be in accordance with the Foreign Investment Promotion Act, notwithstanding paragraphs (1) through (8). |
law view
| Article 33 (Legal Fiction of Authorization, Permission, etc.) |
|
| (1) |
Where a person seeking to operate a development project has been granted approval for or has heard opinions about the operation of such project under Article 32, the permission, authorization, designation, approval, consultation, report, etc. referred to in each of the following subparagraphs (hereinafter referred to as "permission, etc.") shall be deemed to have been granted or made: <Amended by Act No. 8343, Apr. 11, 2007; Act No. 8351, Apr. 11, 2007; Act No. 8352, Apr. 11, 2007; Act No. 8371, Apr. 11, 2007; Act No. 8819, Dec. 27, 2007; Act No. 8820, Dec. 27, 2007; Act No. 8974, Mar. 21, 2008; Act No. 8976, Mar. 21, 2008; Act No. 9401, Jan. 30, 2009; Act No. 9758, Jun. 9, 2009; Act No. 9763, Jun. 9, 2009; Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010; Act No. 10599, Apr. 14, 2011> |
| 17. |
Deleted; <by Act No. 10272, Apr. 15, 2010> |
| 31. |
Permission for using and benefiting from administrative property under Article 20 (1) of the Public Property and Commodity Management Act; |
| 35. |
Designation of a distribution complex under Article 5 of the Promotion of Distribution Complex Development Act, and approval for an implementation plan for the development of a distribution complex under Article 11 of the same Act; |
| (2) |
Where a person seeking to obtain permission, etc. deemed under paragraph (1) intends to conduct a basic survey in accordance with Article 31, he/she shall submit the relevant documents prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) |
The Gwangju Metropolitan City Mayor shall, when intending to establish, change or approve a development plan containing matters falling under any subparagraph of paragraph (1), consult in advance with the head of the administrative agency concerned. In such cases, the head of the administrative agency shall, upon receipt of a request for consultation, submit his/her opinions thereabout within thirty days of receipt of such request. |
| (4) |
Where the Gwangju Metropolitan City Mayor approves the operation of a development project under Article 32, he/she shall notify the head of the relevant administrative agency thereof. |
| (5) |
Where permission, etc. under other Acts is deemed to be granted pursuant to paragraph (1), usage fees and other charges imposed for such grant of permission, etc. shall be exempted pursuant to the relevant Acts or Municipal Ordinances of Cities/Dos. |
law view
| Article 34 (Collective Handling Body for Development Project) |
|
| (1) |
A collective handling body may be established under the control of the Gwangju Metropolitan City Mayor to quickly and collectively handle the affairs concerning approval for operation of development projects under Article 32 and the civil petitions to be directly treated under Article 17 (2) of the Foreign Investment Promotion Act. |
| (2) |
The Gwangju Metropolitan City Mayor may, if necessary to organize the collective handling body under paragraph (1), request relevant administrative agencies, institutions or organizations to second public officials, officers or employees under their control. |
| (3) |
No head of a relevant administrative agency, institution or organization who has seconded a public official, officer or employee upon request under paragraph (2) shall not give disadvantageous treatment to such seconded person with regard to promotion, transference, employee welfare, etc. |
| (4) |
The Gwangju Metropolitan City Mayor may, if necessary to perform affairs under paragraph (1), request relevant administrative agencies, institutions or organizations to furnish materials, etc. |
| (5) |
Other than those provided for in this Act, necessary matters regarding the organization and operation of the collective handling body under paragraph (1) shall be prescribed by Municipal Ordinance. |
law view
| Article 35 (Deadline for Deciding whether to Approve Operation of Development Project, and Measures to be Taken at Expiration thereof) |
|
| (1) |
The Gwangju Metropolitan City Mayor shall decide whether or not to approve the operation of a development project under Article 32 within three months (including the period during which opinions are submitted under Article 33 (3)), and if no notice to refuse the permission, etc. concerned is given within the period, the permission, etc. shall be deemed to be granted on the day following the date the period of decision expires. In such cases, if a notice to refuse the permission, etc. is given within the period of decision, the reasons therefor shall also be notified in writing to the person intending to operate the development project, as prescribed by Municipal Ordinance. |
| (2) |
Where permission, etc. is deemed to have been granted under paragraph (1), the Gwangju Metropolitan City Mayor shall promptly issue a document certifying that such permission, etc. has been granted, at the request of the person who intends to operate the relevant development project. |
| (3) |
Where a person receives notice to refuse the operation of his/her development project under paragraph (1), but later resolves the reason for refusal and submits a document proving that he/she satisfies the requirements for permission, etc. in accordance with the Acts and subordinate statutes concerned, the Gwangju Metropolitan City Mayor shall promptly grant such permission, etc. |
| (4) |
Paragraph (1) shall apply mutatis mutandis with respect to consultation under Article 33 (3): Provided, That when determining the period for consultation, documents to be attached, etc. with regard to approval for the operation of a development project under paragraph (1), the Gwangju Metropolitan City Mayor shall first consult with the head of the administrative agency concerned. |
law view
| Article 36 (Designation of Project Operators) |
|
| (1) |
The Gwangju Metropolitan City Mayor may, as prescribed by Presidential Decree, designate persons who intend to conduct development projects as operators of development projects requiringpreceding conditions, such as environmental impact assessment conducted pursuant to Article 22 of the Environmental Impact Assessment Act, the establishment of traffic impact assessment and improvement measures pursuant to Article 15 of the Urban Traffic Improvement Promotion Act, and changes in the urban and county management planning pursuant to Article 30 of the National Land Planning and Utilization Act (limited to changes in the urban and county management planning for areas other than the urban areas defined in subparagraph 1 of Article 6 of the same Act). <Amended by Act No. 9037, Mar. 28, 2008; Act No. 9071, Mar. 28, 2008; Act No. 10599, Apr. 14, 2011; Act No. 10892, Jul. 21, 2011> |
| (2) |
A person who is designated as a project operator under paragraph (1) shall obtain approval for the operation of the relevant development project within two years from the date of such designation, and, where such person fails to obtain such approval, he/she shall lose all effect held as the project operator on the day following the date such two-year period elapses: Provided, That the period for approval may be extended only once for a period of not more than one year if such extension is deemed inevitable due to any extenuating ground such as the implementation of impact assessment procedures. |
law view
| Article 37 (Confirmation of Completion) |
|
| (1) |
Upon completion of construction works with regard to a development project, the project operator shall submit a report of completion without delay to the Gwangju Metropolitan City Mayor to receive confirmation of the completion. In such cases, the Gwangju Metropolitan City Mayor in receipt of an application for the confirmation of completion may request inspections as necessary for the confirmation of completion from the head of the relevant central government agency, government-invested institution, research institute, or other professional institution. |
| (2) |
Upon receipt of an application for confirmation of completion under paragraph (1), the Gwangju Metropolitan City Mayor shall confirm the completion as prescribed by Presidential Decree and issue a certificate of completion to the applicant if deemed that the construction works have been implemented as approved, with a public announcement thereof as prescribed by Presidential Decree. |
| (3) |
Where a project operator has received a certificate of completion under paragraph (2), he/she shall be deemed to have been granted or made such permission, authorization, inspection, report, confirmation, etc. as necessary for the completion of the project in accordance with the provisions of Article 33 concerning the legal fiction of authorization, permission, etc. |
| (4) |
No project operator shall use any land or facility developed or established by the development project before the certificate of completion under paragraph (2) is issued: Provided, That this shall not apply in cases where he/she has made a report to or obtained permission from the Gwangju Metropolitan City Mayor regarding the use of such land or facility before the completion of the construction works, as prescribed by Presidential Decree. |
| (5) |
If necessary to efficiently implement a development project, the project operator may file an application for confirmation of completion by phase or by facility within the scope of the relevant development plan. |
law view
| Article 38 (Entrustment of Acquisition of Land, etc.) |
|
| (1) |
A project operator may, as prescribed by Municipal Ordinance, entrust his/her affairs concerning the acquisition, compensation for loss, transaction management, etc. of such land, etc. (referring to land, etc. under subparagraph 1 of Article 2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works; hereinafter the same shall apply) as necessary for the development project to the Gwangju Metropolitan City Mayor, head of Gu, government-invested institution, local public enterprise or such other person determined by Municipal Ordinance. |
| (2) |
Commission for entrustment of affairs concerning the acquisition, compensation for loss, transaction management, etc. of land, etc. under paragraph (1) and other necessary matters shall be prescribed by Municipal Ordinance. |
CHAPTER VI SUPPORT FOR HUB CITY OF ASIAN CULTURE DEVELOPMENT PROJECTS
law view
| Article 39 (Support for Vendors, etc. of Land) |
|
| (1) |
The Gwangju Metropolitan City Mayor may recommend a project operator to prepare a supporting measure for joint development with a vendor of land who sells land necessary for the development project if the vendor of land wishes to invest land or cash for the development project. |
| (2) |
A project operator shall follow the Gwangju Metropolitan City Mayor's recommendation under paragraph (1) unless it causes any exceptional hindrance to the implementation of the development project. |
| (3) |
The Gwangju Metropolitan City Mayor may give priority in investing in a development project to farmers, foresters and fishermen under subparagraph 2 of Article 2 of the Act on the Special Measures for Development of Agricultural and Fishing Villages who own land in the development project area, and may provide support thereto the special account for the development of the Hub City of Asian Culture under Article 42. |
law view
| Article 40 (Support for Local Residents) |
|
The Mayor or head of Gu of Gwangju Metropolitan City may support programs to resolve inconveniences of residents caused by a development project approved under Article 32 (1) or to improve their living conditions, and may finance or subsidize business, etc. for the purpose of improving the income of such residents.
law view
| Article 41 (Giving Employment Priority to Local Residents) |
|
Any person who is granted approval to operate a development project under Article 32 shall give employment priority to residents of the neighborhood where the development project is implemented unless there is a special reason to the contrary.
CHAPTER VII ESTABLISHMENT, ETC. OF SPECIAL ACCOUNT FOR DEVELOPMENT OF HUB CITY OF ASIAN CULTURE
law view
| Article 42 (Establishment of Special Account for Development of Hub City of Asian Culture) |
|
| (1) |
A special account for the development of the Hub City of Asian Culture (hereinafter referred to as the "special account") shall be established to finance and support the Hub City of Asian Culture development projects. |
| (2) |
The special account shall be administered and managed by the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) |
Revenue of the special account shall include: |
| 1. |
Money transferred from general accounts and other special accounts; |
| 2. |
Financial resources from the disposition of public property in the development project area; |
| 3. |
Contributions from the Gwangju Metropolitan City Mayor and other local governments concerned; |
| 4. |
Contributions from individuals, legal entities, associations and other organizations; |
| 7. |
Recoveries and revenues from loan under Article 15; |
| 8. |
Revenues from the operation of the National Asian Culture Complex under Article 27 and the Asian Cultural Development Institute under Article 28; |
| 9. |
Other revenues determined by Presidential Decree. |
| (4) |
Expenditure of the special account shall include: |
| 1. |
Support for the promotion of culture and arts under Article 10, the promotion of civil culture under Article 11, and the promotion of ecological urban culture under Article 12; |
| 2. |
Support for the invigoration of cultural education for citizens under Article 13 and the training of professionals under Article 14; |
| 3. |
Support for the promotion of cultural industries, etc., such as the establishment of the foundation for cultural industries, etc. under Article 15, subsidization, etc. under Article 20, and contribution to the Asian cultural industry investment association under Article 25; |
| 4. |
Support for the establishment of and invigoration of a basis for Asian cultural exchange under Article 26; |
| 5. |
Support for the establishment and operation of the National Asian Culture Complex under Article 27 and the establishment, etc. of the Asian Cultural Development Institute under Article 28; |
| 6. |
Support for investment in development projects by land owners who are farmers, foresters and fishermen under Article 39; |
| 7. |
Support for the purchase of land in a development project area in cases where the State or a local government is a project operator; |
| 8. |
Support for the administration and management of the special account; |
| 9. |
Support for other projects determined by Presidential Decree. |
law view
| Article 43 (Loans) |
|
| (1) |
If the resources for expenditures from the special account fall short, long-term loans may be taken out under the special account within the amount approved by the National Assembly. |
| (2) |
If the resources for expenditures from the special account fall short temporarily, a temporary loan may be taken out. |
| (3) |
Principal and interest on a temporary loan under paragraph (2) shall be repaid within the fiscal year during which such loan is made. |
law view
| Article 44 (Surplus) |
|
Any surplus in the special account at closing shall be credited to the account for the following year.
law view
| Article 45 (Reserve Fund) |
|
The special account may include a reserve fund in the expenditure budget to cover unexpected expenditures not included in the budget or expenditures required to be made in excess of the budget.
law view
| Article 46 (Carrying Forward of Expenditure Budget) |
|
The expenditure budget of the special account not spent during the fiscal year for which such budget is earmarked may be carried forward to the next year notwithstanding Article 48 of the National Finance Act. <Amended by Act No. 8050, Oct. 4, 2006>
CHAPTER VIII SUPPLEMENTARY PROVISIONS
law view
| Article 47 (Report to National Assembly) |
|
The Minister of Culture, Sports and Tourism shall annually submit a report regarding the development of the Hub City of Asian Culture to the National Assembly before it begins its regular session. <Amended by Act No. 8852, Feb. 29, 2008>
law view
| Article 48 (Support for Increase in State Subsidy, etc.) |
|
| (1) |
State subsidies for a development project determined by Presidential Decree may be raised according to the subsidy rates prescribed by Presidential Decree, notwithstanding the differential subsidy rates under Article 10 of the Subsidy Management Act and the subsidy rates under other Acts. <Amended by Act No. 10898, Jul. 25, 2011> |
| (2) |
The State shall give priority to supporting investment in infrastructure for the promotion of the cultural industry and the investment in public facilities associated with development projects, including roads, water supply and drainage facilities, energy supply equipment, information and communications equipment, water facilities, airports, harbors and basic environmental facilities. |
| (3) |
The State may provide State subsidies by project, as prescribed by the Subsidy Management Act, to effectively promote government support programs that the Deliberative Committee determines in accordance with an annual implementation plan established under Article 7. <Amended by Act No. 10898, Jul. 25, 2011> |
law view
| Article 49 (Application of the Administrative Procedures Act) |
|
| (2) |
Where the Gwangju Metropolitan City Mayor seeks to establish or modify an annual implementation plan under Article 7, he/she shall give relevant residents the opportunity to present their opinions in accordance with the Administrative Procedures Act. |
| (3) |
The Gwangju Metropolitan City Mayor shall hold a hearing in cases that fall under either of the following subparagraphs: |
| 1. |
Where he/she seeks to revoke approval for the operation of a development project under Article 32 (1); |
| 2. |
Where he/she seeks to revoke designation of a project operator under Article 36. |
law view
| Article 50 (Supervision) |
|
| (1) |
If the operator of a project or business under this Act falls under any of the following subparagraphs, the Gwangju Metropolitan City Mayor may revoke or suspend the effectiveness of authorization, approval, permission, registration or designation under this Act, order suspension of construction works or reconstruction, remodeling, removal or demolition of buildings or structures, or other necessary orders: |
| 1. |
Where he/she has received authorization, approval, permission, registration or designation under this Act by unlawful means, such as by false representation; |
| 2. |
Where deemed that changed circumstances make it impossible or considerably harmful to the public interest to continue the relevant development project; |
| 3. |
Where he/she violates this Act or any order or disposition given under this Act. |
| (2) |
The Gwangju Metropolitan City Mayor shall make a public announcement of an order issued under paragraph (1), if any, as prescribed by Municipal Ordinance. |
law view
| Article 51 (Delegation and Entrustment of Authority) |
|
| (1) |
The authority of the Minister of Culture, Sports and Tourism under this Act may be delegated to the Gwangju Metropolitan City Mayor or the head of the relevant Gun/Gu, or entrusted to the head of an institution or organization related to culture and arts or to any other institution determined by the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) |
The authority of the Gwangju Metropolitan City Mayor under this Act may be delegated to the head of the relevant Gun/Gu, or entrusted to the head of an institution or organization related to culture and arts or to any other institution determined by the Gwangju Metropolitan City Mayor, as prescribed by Municipal Ordinance. |
| (3) |
With respect to the work delegated or entrusted in accordance with paragraphs (1) and (2), the Minister of Culture, Sports and Tourism or the Gwangju Metropolitan City Mayor shall instruct and supervise a person to whom the work is delegated or entrusted. <Amended by Act No. 8852, Feb. 29, 2008> |
| (4) |
With respect to the work delegated or entrusted in accordance with paragraphs (1) and (2), the Minister of Culture, Sports and Tourism or the Gwangju Metropolitan City Mayor may order a person to whom the work is delegated or entrusted, to report as necessary. <Amended by Act No. 8852, Feb. 29, 2008> |
CHAPTER IX PENAL PROVISIONS
law view
| Article 52 (Penal Provisions) |
|
| (1) |
Any person who operates any project or business without obtaining permission, etc., in violation of Article 50 (1) 1 shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won. |
| (2) |
Any person who operates any project or business, in violation of Article 50 (1) 3 shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won. |
law view
| Article 53 (Joint Penal Provisions) |
|
Where a representative of a juristic person or an agent, employee or other servant of a juristic person or individual commits an offence Article 52 in connection with the business of the juristic person or the individual, not only shall such violator be punished, but the juristic person or the individual shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply where the juristic person or the individual has not neglected to pay due attention and supervision concerning the relevant business in order to prevent such violation.
[This Article Wholly Amended by Act No. 10113, Mar. 17, 2010]
law view
| Article 54 (Fines for Negligence) |
|
| (1) |
Any person who falls under any of the following subparagraphs shall be subject to a fine for negligence not exceeding 10 million won: |
| 1. |
Any person who, without a justifiable ground, refuses or hinders a basic survey conducted by a person who intends to implement a development project under Article 31; |
| 2. |
Any person who fails to comply with the main sentence of Article 37 (4); |
| 3. |
Any person who fails to report or falsely report, in violation of Article 51 (4). |
| (2) |
Any person who uses the title "Asian Cultural Development Institute", in violation of Article 28 (7) shall be subject to a fine for negligence not exceeding one million won. |
| (3) |
A fine for negligence under paragraphs (1) and (2) shall be imposed and collected by the Minister of Culture, Sports and Tourism, the Gwangju Metropolitan City Mayor, or the head of the relevant Gun/Gu (hereinafter referred to as "imposing authority"), as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008> |
| (4) |
Any person who is dissatisfied with the disposition of a fine for negligence pursuant to paragraph (3) may raise an objection with the imposing authority within 30 days from the date on which the notice of disposition is received. |
| (5) |
Where a person subject to the disposition of a fine for negligence pursuant to paragraph (3) raises an objection under paragraph (4), the imposing authority shall promptly notify the competent court of such fact, and the court in receipt of such notice shall put the case of such fine for negligence on trial pursuant to the Non-Contentious Case Litigation Procedure Act. |
| (6) |
Where a fine for negligence is not paid without raising any objection within the period prescribed in paragraph (4), such fine for negligence shall be collected in the same manner as delinquent national or local taxes are collected. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Period of Validity)
This Act shall be effective until December 31, 2026.
Article 3 (Transitional Measures concerning Development Project and Project Account)
Any development project and project account that are conducted in accordance with the former Regulations on the Committee for the Development of the Hub City of Culture and other account-related Acts and subordinate statutes as at the time this Act enters into force shall be deemed to be conducted in accordance with this Act and the special account for the Hub City of Asian Culture.
Article 4 (Transitional Measures concerning Chairperson and Members)
The chairperson and members commissioned in accordance with the Regulations on the Committee for the Development of the Hub City of Culture as at the time this Act enters into force shall be deemed to be commissioned in accordance with this Act. In such cases, the terms of office of the chairperson and members shall be the remaining terms in accordance with the Regulations on the Committee for the Development of the Hub City of Culture.
Article 5 (Transitional Measures concerning Personnel and Seconded Public Officials)
Personnel or seconded public officials under the Regulations on the Committee for the Development of the Hub City of Culture as at the time this Act enters into force shall be deemed personnel or seconded public officials of the Office under this Act.
ADDENDA<Act No. 8050, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA<Act No. 8343, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA<Act No. 8351, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA<Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA<Act No. 8371, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA<Act No. 8819, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA<Act No. 8820, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA<Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA<Act No. 9037, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 19 Omitted.
ADDENDA<Act No. 9071, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA<Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA<Act No. 9629, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDA<Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM<Act No. 10113, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA<Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA<Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA<Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA<Act No. 10898, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) |
This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
